THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
Circular No. 65/2012/TT-BNNPTNT of December 26, 2012, providing the order and procedures for granting plant quarantine certificates
Pursuant to the Government’s Decree No. 01/2008/ND-CP of January 3, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Government’s Decree No. 75/2009/ND-CP of September 10, 2009, amending Article 3 of the Government’s Decree No. 01/2008/ND-CP of January 3, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Government’s Decree No. 02/2007/ND-CP of January 5, 2007, on plant quarantine;
At the proposal of the Director of the Plant Protection Department,
The Minister of Agriculture and Rural Development provides the order and procedures for granting plant quarantine certificates.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. This Circular provides the order and procedures for granting plant quarantine certificates for lots of articles subject to plant quarantine upon export, re-export, import or transit (below referred to as certificates).
2. This Circular applies to Vietnamese and foreign organizations and individuals (below referred to as article owners) exporting, re-exporting, importing or transiting articles subject to plant quarantine in Vietnam (below referred to as articles).
Article 2. Competence to grant certificates
Regional Plant Quarantine Sub-Departments, Border-Gate Plant Quarantine Stations under the Plant Protection Department and provincial-level Plant Quarantine Sub-Departments authorized by the Plant Protection Department to grant certificates (below referred to as plant quarantine agencies).
Article 3. Time limit for granting certificates
A plant quarantine agency shall grant a certificate for a lot of articles satisfying prescribed conditions within 24 hours after inspecting articles. When the plant quarantine agency needs more than 24 hours, it shall notify such to the article owner.
Article 4. Charges and fees
Article owners shall pay charges and fees for plant quarantine under current regulations.
Chapter II
ORDER AND PROCEDURES FOR GRANTING CERTIFICATES
Section 1
ORDER AND PROCEDURES FOR GRANTING CERTIFICATES FOR LOTS OF EXPORTED ARTICLES
Article 5. Dossier
1. Dossier
a/ A written registration for exported/re-exported plant quarantine (made according to Form No. 9 provided in Appendix 1 to Circular No. 14/2012/TT-BNNPTNT of March 27, 2012, original).
b/ The article owner’s written authorization (original): Applicable to cases in which the article owner authorizes another person to register for plant quarantine. For articles exported through border gates or pathways, this written authorization is not required.
c/ Bill of lading: Only applicable to articles exported by seaway when the article owners request the plant quarantine agency to certify in the certificate information stated in the bill of lading (copy and original for comparison). The article owner shall submit the bill of lading to the plant quarantine agency only when the articles have been quarantined and satisfy the prescribed conditions for export.
d/ Packing list: Applicable to heterogeneous articles exported by seaway (copy and original for comparison).
e/ Purchase and sale contract, letter of credit (if any), (copy and original for comparison).
f/ Fumigation certificate (original): Applicable to exported articles subject to fumigation under the purchase and sale contract or letter of credit.
2. Number of dossier: 1 set.
Article 6. Order and procedures for granting certificates
1. Registration for plant quarantine
An article owner or its authorized person shall register for plant quarantine with the nearest plant quarantine agency at least 24 hours before exporting articles.
2. Submission of dossiers
An article owner or its authorized person shall submit a dossier directly to the dossier-receiving and result-returning division of a plant quarantine agency.
3. Receipt and check of the completeness and validity of dossiers
Plant quarantine agencies shall receive and check the completeness and validity of dossiers of request for the grant of certificates under regulations. For a complete and valid dossier, the plant quarantine agency shall receive the dossier. For an incomplete or invalid dossier, the plant quarantine agency shall request the article owner to supplement the dossier.
4. Inspection of articles and grant of certificates
Plant quarantine agencies shall inspect articles. Based on the results of inspection, a plant quarantine agency shall grant or refuse to grant a certificate. In case of refusal, the plant quarantine agency shall inform such to the article owner, clearly stating the reason.
Section 2
ORDER AND PROCEDURES FOR GRANTING CERTIFICATES FOR LOTS OF RE- EXPORTED ARTICLES
Article 7. Dossier
1. Dossier
a/ A written registration paper for export/re-export plant quarantine (made according to Form No. 9 provided in Appendix 1 to Circular No. 14/2012/TT-BNNPTNT of March 27, 2012, original).
b/ A plant quarantine certificate upon import, transit or domestic transport (copy and original for comparison).
c/ A plant quarantine certificate granted by the country of export (copy).
d/ Bill of lading: Applicable to articles re-exported by seaway (copy and original for comparison). The article owner shall submit the bill of lading to the plant quarantine agency only when the articles have been quarantined and satisfy the prescribed conditions for re-export.
e/ Packing list: Applicable to heterogeneous articles re-exported by seaway (copy and original for comparison).
f/ The article owner’s written authorization (original): Applicable to cases in which the article owner authorizes another person to register for plant quarantine. For articles re-exported through border gates or pathways, this written authorization is not required.
g/ Purchase and sale contract, letter of credit (if any), (copy and original for comparison).
2. Number of dossier: 1 set.
Article 8. Order and procedures for granting certificates
1. Registration for plant quarantine
An article owner or its authorized person shall register for plant quarantine with the nearest plant quarantine agency at least 24 hours before re-exporting articles.
2. Submission of dossiers
An article owner or its authorized person shall submit a dossier directly to the dossier-receiving and result-returning division of a plant quarantine agency.
3. Receipt and check of the completeness and validity of dossiers
Plant quarantine agencies shall receive and check the completeness and validity of dossiers of request for the grant of certificates under regulations. For a complete and valid dossier, the plant quarantine agency shall receive the dossier. For an incomplete or invalid dossier, the plant quarantine agency shall request the article owner to supplement the dossier.
4. Inspection of articles and grant of certificates
Plant quarantine agencies shall inspect articles. Based on the results of inspection, the plant quarantine agency shall grant or refuse to grant a certificate. In case of refusal, the plant quarantine agency shall inform such to the article owner, clearly stating the reason.
Section 3
ORDER AND PROCEDURES FOR GRANTING CERTIFICATED FOR LOTS OF IMPORTED ARTICLES
Article 9. Dossier
1. Dossier
a/ A written registration for quarantine (made according to Form No. 3 provided in Appendix 1 to Circular No. 14/2012/TT-BNNPTNT of March 27, 2012, original)
b/ A declaration for plant quarantine: Applicable to articles imported by seaway before entering a port (made according to Form No. 4 provided in Appendix 1 to Circular No. 14/2012/TT-BNNPTNT of March 27, 2012, original).
c/ A plant quarantine certificate granted by a competent plant quarantine agency of the country of export or a certificate of equivalent validity.
d/ A permit for plant quarantine upon import: Applicable to articles subject to pest risk analysis before being imported into Vietnam.
e/ Bill of lading: Applicable to articles imported by seaway (copy and original for comparison).
f/ Packing list: Applicable to heterogeneous articles imported by seaway (copy and original for comparison).
g/ The article owner’s written authorization (original): Applicable to cases in which the article owner authorizes another person to register for plant quarantine. For articles imported through border gates or pathways, this written authorization is not required.
h/ Purchase and sale contract, letter of credit (if any), (copy and original for comparison).
2. Number of dossier: 1 set.
Article 10. Order and procedures for granting certificates
1. Registration for plant quarantine
An article owner or its authorized person shall register for plant quarantine with the nearest plant quarantine agency at least 24 hours before importing articles.
2. Submission of dossiers
An article owner or its authorized person shall submit a dossier directly to the dossier-receiving and result-returning division of a plant quarantine agency.
3. Receipt and check of the completeness and validity of dossiers
Plant quarantine agencies shall receive and check the completeness and validity of dossiers of request for the grant of certificates under regulations. For a complete and valid dossier, the plant quarantine agency shall receive the dossier. For an incomplete or invalid dossier, the plant quarantine agency shall request the article owner to supplement the dossier.
4. Inspection of articles and grant of certificates
Plant quarantine agencies shall inspect articles. Based on the results of inspection, the plant quarantine agency shall grant or refuse to grant a certificate. In case of refusal, the plant quarantine agency shall inform such to the article owner, clearly stating the reason.
Section 4
ORDER AND PROCEDURES FOR GRANTING CERTIFICATES FOR LOTS OF TRANSITED ARTICLES
Article 11. Dossier
1. Dossier
a/ A written registration for quarantine (made according to Form No. 3 provided in Appendix 1 to Circular No. 14/2012/TT-BNNPTNT of March 27, 2012, original).
b/ A plant quarantine certificate granted by a competent plant quarantine agency of the country of export or a certificate of equivalent validity.
c/ The article owner’s written authorization (original): Applicable to cases in which the article owner authorizes another person to register for plant quarantine.
2. Number of dossier: 1 set.
Article 12. Order and procedures for granting certificates
1. Registration for plant quarantine
When transited articles enter the first Vietnamese border gate, the article owner or its authorized person shall register for plant quarantine with the nearest plant quarantine agency at least 24 hours before arrival.
2. Submission of dossiers
An article owner or its authorized person shall submit a dossier directly to the dossier-receiving and result-returning division of a plant quarantine agency.
3. Receipt and check of the completeness and validity of dossiers
Plant quarantine agencies shall receive and check the completeness and validity of dossiers of request for the grant of certificates under regulations. For a complete and valid dossier, the plant quarantine agency shall receive the dossier. For an incomplete or invalid dossier, the plant quarantine agency shall request the article owner to supplement the dossier.
4. Supervision, inspection of articles and grant of certificates
Plant quarantine agencies shall supervise or inspect articles. Based on the results of supervision or inspection, the plant quarantine agency shall grant or refuse to grant a certificate. In case of refusal, the plant quarantine agency shall inform such to the article owner, clearly stating the reason.
Chapter III
IMPLEMENTATION PROVISIONS
Article 13. Organization of implementation
1. The Plant Protection Department shall direct, guide and examine plant quarantine agencies in granting certificates under this Circular.
2. Plant quarantine agencies shall examine, compile dossiers, grant certificates and preserve dossiers under this Circular and the plant quarantine law.
3. Article owners shall:
a/ Comply with this Circular and the plant quarantine law.
b/ Comply with granted professional papers on plant quarantine.
c/ Pay charges and fees for plant quarantine under regulations.
Article 14. Effect
This Circular takes effect on February 11, 2013.
Article 15. Amendment and supplementation
Any problems arising in the course of implementation should be reported to the Ministry of Agriculture and Rural Development (the Plant Protection Department) for prompt settlement.-
For the Minister of Agriculture and Rural Development
Deputy Minister
BUI BA BONG
Vietnamese
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